Print Print - Terms and Conditions of Trade

1. Definitions

1.1 “Agent” shall mean Derek Quinn T/A Link / Fundraising Boxes its successors and assigns or any person acting on behalf of and with the authority Derek Quinn T/A Link / Fundraising Boxes.

1.2 “Client” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.

1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by the Agent to the Client (and where the context so permits shall  include  any  supply  of  Services  as  hereinafter  defined)  and  are  as  described  on  the invoices, quotation, work authorisation or any other forms as provided by the Agent to the Client.

1.5 “Services” shall mean all services supplied by the Agent to the Client and includes any advice or recommendations  (and  where  the  context  so  permits shall  include  any  supply  of  Goods  as defined above).

1.6 “Price” shall mean the cost of the Goods as agreed between the Agent and the Client subject to clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by the Agent from the Client for the supply of Goods and/or the Client’s acceptance  of  Goods  supplied  by  the  Agent  shall  constitute  acceptance  of  the  terms  and conditions contained herein.

2.2 Where more  than  one  Client  has  entered  into  this  agreement,  the  Clients  shall  be  jointly  and severally liable for all payments of the Price.

2.3 Upon  acceptance  of  these  terms  and  conditions  by  the  Client  the  terms  and  conditions  are irrevocable and can only be amended with the written consent of the Agent.

2.4 The Client undertakes to give the Agent at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.

3. Price And Payment

3.1 At the Agent’s sole discretion the Price shall be either;

(a) as  indicated  on  invoices  provided  by  the  Agent  to  the  Client  in  respect of  Goods supplied; or

(b) The Agent’s quoted Price which shall be binding upon the Agent provided that the Client shall accept the Agent’s quotation in writing within thirty (30) days.

3.2 Trade Payments shall be subject to strict approved credit limits. Invoices shall be due Thirty (30) days  from  date  of  invoice.  The  Agents  may  still  require  a  level  of  deposit  depending  on  the values.

3.3 The  Agent  may  require  100%  payment  to  escrow  (central  fund)  with  full  agreement  with  all parties directly involved in the commissioning of the contract.

3.4 Payment will be made by cheque, by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the Agent.

3.5 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery of Goods

4.1 At the Agent’s sole discretion delivery of the Goods shall take place when;

(a) the Client takes possession of the Goods at the Agent’s address; or

(b) the Client takes possession of the Goods at the Client’s address (in the event that the Goods are delivered by the Agent or the Agent’s nominated carrier); or

(c) The Client’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Client’s agent.

4.2 At the Agent’s sole discretion the costs of delivery are included in the Price.

4.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Agent shall be entitled to charge a reasonable fee for redelivery.

4.4 Delivery of the Goods to a third party  nominated  by  the Client is deemed to be delivery to the Client for the purposes of this agreement.

4.5 The Agent  may  deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

4.6 The  Client  shall  take  delivery  of  the  Goods  tendered  notwithstanding  that  the  quantity  so delivered shall be either greater or lesser than the quantity purchased provided that;

(a) such discrepancy in quantity shall not exceed 5%, and

(b) The Price shall be adjusted pro rata to the discrepancy.

4.7 Goods will be delivered to the kerbside adjacent to the delivery site. If at the Client's request, the delivery vehicle  leaves the road and enters the delivery site to unload the Client is responsible for providing suitable and safe access for the Agent's delivery vehicle and agrees to indemnify the Agent and its agents for all damage and injury to any  person and to any public or private property  which  may result, including any costs associated  with enabling  the  delivery vehicle to leave the site.

4.8 The failure of the Agent to deliver shall not entitle either party to treat this contract as repudiated.

4.9 The Agent shall  not  be  liable for any  loss or damage whatever due to failure by  the Agent to deliver the Goods (or any of them) promptly or at all.

5. Risk

5.1 If the Agent retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Agent is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Agent is sufficient evidence of the Agent’s rights to  receive  the  insurance  proceeds  without  the  need  for  any  person  dealing  with  the  Agent  to make further enquiries.

6. Title

6.1 It is the intention of the Agent and agreed by the Client that ownership of the Goods shall not pass until:

(a) the Client has paid all amounts owing for the particular Goods, and

(b) The Client has met all other obligations due by the Client to the Agent in respect of all contracts between the Agent and the Client.

6.2 Receipt by the Agent of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Agent’s ownership or rights in respect of the Goods shall continue.

6.3 It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until the Agent shall have received payment and all other obligations of the Client are met; and

(b) Until such time as ownership of the Goods shall pass from the Agent to the Client the Agent may give notice in writing to the Client to return the Goods or any of them to the Agent.    Upon  such  notice  the  rights  of  the  Client  to  obtain  ownership  or  any  other interest in the Goods shall cease; and

(c) the Agent shall  have the right of stopping the Goods in transit  whether or not delivery has been made; and

(d) the Client is only a bailee of the Goods and until such time as the Agent has received payment in full for the Goods then the Client shall hold any  proceeds from the sale or disposal of the Goods on trust for the Agent; and

(e) the Client shall not deal with the money of the Agent in any way which may be adverse to the Agent; and

(f) the  Client  shall  not  charge  the  Goods  in  any  way  nor  grant  nor  otherwise  give  any interest in the Goods while they remain the property of the Agent; and

(g) the Agent can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(h) Until  such  time  that  ownership  in  the  Goods  passes  to  the  Client,  if  the Goods  are converted into other products, the parties agree that the Agent will be the owner of the end products.

7. Client’s Disclaimer

7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Agent and the Client  acknowledges  that  the  Goods  are  bought  relying  solely  upon  the  Client’s  skill  and judgment.

8. Defects

8.1 The Client shall inspect the Goods on delivery and shall within fifteen (15) days notify the Agent of any alleged  defect, shortage in quantity, damage or failure to comply  with the description or quote.  The Client shall afford the Agent an opportunity to inspect the Goods within a reasonable time following  delivery if the Client believes the Goods are defective in any  way.   If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Agent has agreed in writing that the Client is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing the Goods or repairing the Goods.

9. Warranty

9.1 To  the  extent  permitted  by  statute,  no  warranty  is  given  by  the  Agent  as  to  the  quality  or suitability  of  the Goods for  any  purpose  and  any  implied  warranty  is  expressly  excluded.  The Agent shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

10. Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980

10.1 This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and  Supply of Services Act 1980 in all cases except  where the Client is contracting  within  the terms of a trade/business (which cases are specifically excluded).

10.2 Notwithstanding  clause  10.1  nothing  in  this  agreement  is  intended  to  have  the  effect  of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15),  or  the  Sale  of  Goods  and  Supply  of  Services Act  1980,  or  any  laws  or  legislation governing  the  rights  of  consumers,  except  to  the  extent  permitted  by  those  Acts  laws  or legislation.

10.3 In  particular  where  the  Client  buys Goods as  a  consumer  the  provisions  of  Clauses  8  and  9 above shall be subject to any laws or legislation governing the rights of consumers.

11. Literature

11.1 All  literature,  samples,  specifications,  dimensions  and  weights  submitted  by  the  Seller  are approximate only and the  data and  descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with products and services the Seller supplies, and the Seller reserves the right to supply products that have minor modifications in specifications as the Seller sees fit.

11.2 The  descriptions,  illustrations  and  performances  contained  in  catalogues,  other  advertising material and price lists do not form part of the contract of sale of the products.

12. Default & Consequences of Default

12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the  date  of  payment  at  a  rate  of  2.5%  per calendar  month  and  such  interest  shall compound monthly at such a rate after as well as before any judgment.

12.2 If the Client defaults in  payment of any invoice  when due, the Client shall indemnify the Agent from  and  against  all  costs  and  disbursements  incurred  by  the  Agent  in  pursuing  the  debt including legal costs on a solicitor and own client basis and the Agent’s collection agency costs.

12.3 Without  prejudice  to  any  other  remedies  the  Agent  may  have,  if  at  any  time  the  Client  is  in breach  of  any  obligation  (including  those  relating  to  payment);  the  Agent  may  suspend  or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions.  The Agent  will  not be  liable to the Client for any loss or damage the Client suffers because the Agent exercised its rights under this clause.

12.4 If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 10.00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.

12.5 Without prejudice to the Agent’s other remedies at law the Agent shall be entitled to cancel all or any  part  of  any  order  of  the  Client  which  remains  unperformed  in  addition  to  and  without prejudice to any other remedies and all amounts owing to the Agent shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to the Agent becomes overdue, or in the Agent’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the  Client  becomes  insolvent,  convenes  a  meeting  with  its  creditors  or  proposes  or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

13. Security and Charge

13.1 Despite anything to the contrary contained herein or any other rights which the Agent may have


(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Agent or the Agent’s nominee to secure all amounts and other  monetary obligations  payable  under the  terms and conditions.  The Client and/or the Guarantor acknowledge  and  agree  that  the Agent  (or  the  Agent’s  nominee)  shall  be  entitled  to lodge  where  appropriate  a  caveat,  which  caveat  shall  be  released  once all  payments and other monetary obligations payable hereunder have been met.

(b) should the Agent elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Agent from and against all  the  Agent’s  costs  and  disbursements  including  legal  costs  on  a  solicitor  and own client basis.

(c) The Client and/or the Guarantor (if any) agree to irrevocably  nominate constitute and appoint  the Agent or the Agent’s nominee as the Client’s and/or Guarantor’s true and lawful  attorney  to  perform  all  necessary  acts  to  give  effect  to  the  provisions  of  this clause 13.1.

14. Cancellation

14.1 The Agent may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Agent shall repay to the Client any sums paid in respect of the Price. The Agent shall  not  be  liable for any  loss or damage whatever arising from such cancellation.

14.2 In  the event  that the Client cancels delivery of Goods the Client shall  be  liable for 25% of the quotation price and any other loss incurred by the Agent (including, but not limited to, any loss of profits) up to the time of cancellation.

15. Data Protection Act 1988 & Data Protection Act 2003

15.1 The Client and the Guarantor/s (if separate to the Client) authorises the Agent to:

(a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and

(b) to disclose information about the Client, whether collected by the Agent from the Client directly or obtained by the Agent from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Client on publicly accessible credit reporting databases.

15.2 Where the Client is an individual the authorities under (clause 15.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.

15.3 The Client shall have the right to request the Agent for a copy of the information about the Client retained  by  the  Agent  and  the  right  to  request  the  Agent  to  correct  any  incorrect  information about the Client held by the Agent.

16. General

16.1 Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality  and  enforceability  of  the  remaining  provisions  shall  not  be  affected,  prejudiced  or impaired.

16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.

16.3 The Agent shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Agent of these terms and conditions.

16.4 In the event of any breach of this contract by the Agent the remedies of the Client shall be limited to  damages.  Under  no  circumstances  shall  the  liability  of  the  Agent  exceed  the  Price  of  the Goods.

16.5 The  Client  shall  not  be  entitled  to  set  off  against  or  deduct  from  the  Price any  sums  owed  or claimed to be owed to the Client by the Agent.

16.6 The  Agent  may  license  or sub-contract all  or  any  part  of  its rights  and  obligations  without  the Client’s consent.

16.7 The Agent reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from  the  date  on  which  the  Agent  notifies  the  Client  of such  change.  Except  where  the Agent supplies further Goods to the Client and the Client accepts such Goods, the Client shall be under no obligation to accept such changes.

16.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

16.9 The  Agent  may  use  photographs  of  completed  contracts  for  advertising  and  promotional purposes strictly with the client’s approval and at  no stage  will the address or specifics of the contract will be visible.


17. Guarantee

17.1 will match or better a quote from an Irish registered and based company for the supply of Fundraising Units and if matching the price will offer a further 5% discount.

17.2 The following items are specifically excluded from this offer:
(a) Tee Shirts
(b) Tabards / Bibs
(c) Any items / services which involved printing
(d) Coin counting machines
(e) Any other product or service which is not a counter top fundraising unit or street collection fundraising unit as advertised on our website on July 7th 2013
(f) Custom made fundraising units

17.3 The Guarantee will only operate if the quote from another firm is submitted prior to placing an order with

17.4 The quote from the third party has to be open to anyone to avail of, thus it should not be exclusive to the organisation that it is issued to

17.5 reserve the right to not match a price if there is an sense that the quote is not a legitimate quote or if cannot supply the units in question or supply the units the time frame requested by the client.

17.6 The  Guarantee will apply to any orders placed before July 31th 2013 but maybe extended.